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Washington State To Move To Extend Restraining Order To Second Executive Order

March 10, 2017

By Jonathan Turley : jonathanturley – excerpt

We just discussed the move in Hawaii to secure a new restraining order to cover the second Trump executive order.  That was the most likely move that we previously discussed.  The other option was to seek to extend the existing restraining order to cover the second executive order on the grounds that there was not a substantial change.  That is the option that Washington state is taking. Today, Washington state Attorney General Bob Ferguson indicated that he will ask that Judge James Robart’s Feb. 3 ruling be extended on the grounds that the second Executive Order contains the same alleged violations as the first.

Most judges would look at such a request with skepticism since the new Executive Order rescinds the first order. The first order is legally as dead and Dillinger. Usually the appropriate respond is to file a new action and seek a new restraining order.  However, as I previously discussed, courts do have some leeway if they believe that there was not a substantial change and the same conditions are continuing.  For purposes of judicial efficiency, the court could decline to dismiss the case as opposed to holding a hearing on the issue of the expansion to the second order… (more)

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